Has my job committed neglect if they have let me work with a restriction limit?
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Has my job committed neglect if they have let me work with a restriction limit?
I recently was sent home from work saying that it was against the law for me to work with a restriction limit at my job but I have been working with the same restrictions for 8 months. If they say it’s a against the law for me to work with restrictions then has my job committed neglect by having work while knowing I was on restriction and for having me in a unsafe environment risking my health and well-being
Asked on October 28, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If there is a law specifically stating that you could not work with a given restriction or condition, then the employer may have broken the law. If they have, they may be subject to a fine, loss of a license or contract ...whatever penalty is specified for that specific violation or breach. However, this would not give you any cause of action against them or the right to sue them, unless (1) the company knew it was unsafe (not just illegal, but unsafe) for you to do that work; (2) you did not know that it was unsafe (since if you did but you chose to keep working, you assumed the risks of that unsafe position); and (3) you suffered some injury, damage, or less as a result. Only if all three conditions are met would you likely have grounds to sue; otherwise, this could be a violation for which you personally do not have any recourse, even if, as noted, it is possible the company could suffer some sanction or penalty.
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